R v Instan

R v Instan

"R v. Instan" (1893) 1 QB 450 is an English criminal law case, relating to "actus reus", and the duty of care of relatives to their (supposedly) loved ones.

Facts

A sick woman died while living with her niece. The niece was an adult, and had been living with her aunt because she had no means of supporting herself. Her 72-year-old aunt suffered a debilitating disease and for ten days, the young woman did not supply her aunt food or medical attention, and did not inform anyone of her aunt's ailments. The aunt, who was physically incapable of leaving her bed, died from exhaustion brought on by the gangrene.

Judgment

The niece was found guilty of manslaughter, on the basis that there was a blood relation between the niece and aunt. This generated a duty of care of the niece for the aunt to help. The intentional neglect of the aunt was consequently a crime. Lord Coleridge CJ wrote, that it would be "a slur on justice" were the niece's behaviour to go unpunished

“It would not be correct to say that every moral obligation involves a legal duty; but every legal duty is founded on a moral obligation.”

ee also

*English law

Notes

External links

* [http://www.bailii.org/ Bailii.org] , a free online database for English and Irish legal materials.


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